Discrimination, Retaliation & Discharge

Colorado Employment Discrimination Attorneys

Taking legal action against your employer can be intimidating. At Bachus & Schanker, LLC, our team of aggressive trial attorneys level the playing field and fight to protect your rights.

Our Firm Offers

Trial Lawyers with combined 50 years of Employment Law Experience

State-of-the-Art Facilities & Mock Courtroom

Fighting For The Victims Of Workplace Discrimination

Victims Discharged in Violation of Public Policy

Victims of Defamation or Breach of Contract

Fighting For You

Whether your employment issues involve complex negotiation or strong trial tactics or both, we’re ready. We do not shy from a fight, and we will not hesitate to take your case to trial if it is necessary to help you maximize the compensation that you deserve.

Have you been discriminated against at work? Have you been terminated or demoted because of your age, race, religion, national origin disability or gender? Have you been terminated or demoted for taking Family Medical Leave?

Our seasoned team of employment law attorneys are ready to fight for you. We represent employees in state and federal trial courts throughout the United States in matters related to:

Wrongful termination & Retaliation

Workplace discrimination

Race, Sex, Sexual Orientation, Marriage to a Co-worker, Religion and National Origin

Age

Disability

Pregnancy

Family and Medical Leave Act disputes

Severance agreement and employment contract review

Contact our employment law lawyers immediately if you believe you have been subjected to discrimination, retaliation or wrongfully discharged from your employment.

Types of Employment Discrimination

Employment Discrimination

Employment discrimination occurs when employers treat a job seeker or an employee with disparate, unfavorable treatment because of his or her race, skin color, national origin, gender, disability, religion, or age. The right to be free from discrimination at work stems from Title VII of the Civil Rights Act of 1964, prohibiting discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment on the basis of race, color, religion, sex, or national origin.

Colorado law forbids workplace discrimination based on certain “protected classes,” including race, color, national origin, ancestry, sex, religion, creed, marriage to a co-worker (if not a supervisor), or sexual orientation.

The following is an overview of the types of employment issues, including discrimination, Colorado workers may face on the job or that may result in retaliation and wrongful discharge.

Age Discrimination

Age discrimination involves treating an applicant or employee less favorably because of his/her age. The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against people who are 40 years or older. Under Colorado law, it is illegal to discriminate against employees based on their age if they are between the ages of 40-69. Employers may consider older candidates and employees less of an asset because of their age and perceived inability or lack of longevity as an employee and/or more of an expense because of the often times higher salary, pension, benefits costs, etc. as compared to costs for a younger applicant. If you believe an employer violated your employment rights, contact an Employment Discrimination Attorney at Bachus & Schanker, LLC today.

Disability Discrimination

The Americans with Disability Act (ADA) prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. Colorado law provides the same protection as described under federal law and also prohibits discrimination based on a mental (e.g. chronic depression or bipolar disorder) or physical disability (e.g. an injury that prevents you from working for a certain length of time or that requires surgery), a disease (such as epilepsy, cancer, osteoporosis, or asthma). Employers must make reasonable accommodations that allow a disabled person who is otherwise qualified for a position complete his or her job.

When an individual is fired, harassed, or discriminated against because of the injury or condition, there is legal recourse to protect your rights. If you believe an employer violated your employment rights, contact an Employment Discrimination Attorney at Bachus & Schanker, LLC today.

Family Medical Leave Act

The Family Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

Twelve workweeks of leave in a 12-month period for:

Birth: birth of child(ren) and to care for the newborn(s) within one year of birth;

Adoption/Foster Care: Placement with employee of adopted or foster care child and to care for the newly placed child within one year of placement;

Caregiver: Care of employee’s spouse, child, or parent who has a serious health condition;Serious Health Condition: A serious health condition that makes the employee unable to perform the essential functions of his or her job;

Exigency of Military Family: any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

Service Member Caregiver: Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Sex Discrimination/Pregnancy Discrimination

The Pregnancy Discrimination Act (PDA) amended Title VII of The Civil Rights Act of 1964 prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII. Women who are pregnant or affected by pregnancy-related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

Retaliation

It is illegal to fire, demote, harass, or otherwise “retaliate” against applicants or employees because he/she filed a charge of discrimination, complained to their employer or other covered entity about discrimination, or because they participated in an Employment Discrimination proceeding (such as an investigation or lawsuit).

Wrongful Discharge

Colorado is an “At Will” state. This means an employer does not need “Just Cause” to terminate an employment relationship. However, it is illegal for an employer to terminate employment if the employee is:

Subjected to employment based discrimination;

Retaliated against for opposing illegal practices of their employer;

Terminated or discriminated against because they take FMLA leave; or

Not being paid proper wages and overtime.

Even in an “At Will employment” state, employees who are promised “Just Cause” employment by his/her employer are not considered “At Will” and may be able to sue their employer if they are terminated without cause.

Frequently Asked Questions

What is Employment Discrimination?

Any adverse action by an employer against an employee based on Age, Disability, Race, Sex (including pregnancy), Sexual Orientation, Marriage to a Co-worker, Religion and National Origin.

When am I entitled to leave under the Family Medical Leave Act?

The Family Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

Twelve workweeks of leave in a 12-month period for:

the birth of a child and to care for the newborn child within one year of birth;

the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;

to care for the employee’s spouse, child, or parent who has a serious health condition;

a serious health condition that makes the employee unable to perform the essential functions of his or her job;

any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;”

or

Twenty-six work weeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

What is retaliation?

It is illegal to fire, demote, harass, or otherwise “retaliate” against applicants or employees because he/she filed a charge of discrimination, complained to their employer or other covered entity about discrimination, or because they participated in an employment discrimination proceeding (such as an investigation or lawsuit).

What is wrongful discharge?

Colorado is an “At Will” state. This means an employer does not need “Just Cause” to terminate an employment relationship. However, it is illegal for an employer to terminate employment if the employee is:

subjected to employment based discrimination; retaliated against for opposing illegal practices of their employer;

terminated or discriminated against because they take FMLA leave; or

not being paid proper wages and overtime.

Even in an “At Will employment” state, employees who are promised “Just Cause” employment by his/her employer are not considered “At Will” and may be able to sue their employer if they are terminated without cause.

Additional Resources & Information

Prior to filing any Employment Based Discrimination lawsuit suit, it is necessary to file a complaint with either the Equal Employment Opportunity Commission (EEOC) or the Colorado Department of Regulatory Agencies (DORA).

The anti-discrimination laws give you a limited amount of time to file a charge of discrimination. In general, you need to file a charge within 180 calendar days from the day the discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits Employment Discrimination on the same basis. The rules are slightly different for age discrimination charges. For age discrimination, the filing deadline is only extended to 300 days if there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law. The deadline is not extended if only a local law prohibits age discrimination. Time limits for filing a charge with EEOC or DORA generally will not be extended while you attempt to resolve a dispute through another forum such as an internal grievance procedure, a union grievance, arbitration or mediation before filing a charge. To ensure that your rights are protected, we suggest that you contact our Employment Law attorney immediately if you believe you have encountered discrimination in the workplace.